Family Mediation at a Glance

Family Mediation, also referred to as Family Dispute Resolution, is a process that supports families to resolve their parenting and property disputes without the need for judicial determination. 

Your Mediator is an impartial third party who is there to facilitate, support and assist you in discussing concerns and exploring options to resolve your dispute in a manner that is respectful and achievable for all concerned. 

Mediation empowers separating couples to make decisions that work for them and their children. 

Yes, in most situations. The Family Law Act 1975 requires parents to make a genuine effort to resolve their parenting disputes through mediation prior to commencing Court proceedings. 

There are some exceptions to this requirement including urgency and if your Mediator determines that mediation is not the right process.

Mediation is not compulsory to commence property proceedings, however it is an extremely cost effective and timely option for families to resolve financial disputes. 

There are some instances where mediation is not a suitable pathway for resolving conflict. This includes where there is an Apprehended Domestic Violence Order, there is a history of violence, there is an imbalance of power that would prevent a party from being able to negotiate or where the dispute relates to a point of law. Your Mediator will assess the suitability of mediation in your Pre Mediation Intake Assessment. 

Mediation is a confidential process, with some exceptions relating to child abuse, risk of harm to others and property, where a Mediator facilitates a safe space for parties to freely discuss their concerns and future hopes and goals. Your Mediator will encourage you to remain future focused and will support you to reach your own outcome without giving advice or passing judgment. 

Parties will meet privately with the Mediator at first instance so that the Mediator can assess whether mediation is appropriate and prepare you for mediation. Following this, a mutually agreed appointment will be made for a joint mediation session whereby the parties and Mediator come together to begin discussing concerns and exploring options to resolve the conflict. 

This depends on the complexity of your dispute and the parties availability. Generally, the mediation process, from start to finish, can be completed within a matter of weeks. Your Mediator will work with you to ensure that mediation is completed in the most suitable timeframe possible. 

There are several ways of achieving positive results through mediation which include: 

• Choosing the right Mediator for you. Things to consider include your Mediators experience and qualifications, cost, availability and ability to explain the process to you in a way that you can understand. 
• Clearly identifying your needs, goals and aims. This will ensure that you identify realistic options for resolving your dispute. 
• Prepare for the Joint FDR Session. Know where you are willing to compromise and where you are not. What is your Best Alternative to a Negotiated Agreement and what is your Worst Alternative to a Negotiated Agreement? A good Mediator will help you to prepare for the joint FDR session during your Intake appointment. 
• During FDR listen carefully to what the other person is saying. You may not agree with what is being said but listening will encourage similar courtesy to you. This is your chance to fully understand what it is causing conflict and allows you to begin working through the conflict.  
• Meeting in the middle is not always the right decision. If you can identify ALL possible solutions to your dispute you are more likely to reach an agreement that works for all. 
• Ensure your proposed agreement is realistic. A good Mediator will NEVER challenge you but WILL challenge your ideas. For mediation to be successful any agreements reached MUST be realistic to avoid further conflict arising. 
• Consider what you will do and what the impact will be if your dispute is not resolved. What will it cost financially, emotionally and in time to take your dispute to Court? What are the other options available to you?  

As an accredited Family Dispute Resolution Practitioner with the Attorney General's Department your Mediator must continually assess whether mediation is suitable. If at any stage during mediation it is decided that the process is no longer suitable,  the Family Law Act 1975 (Cth) requires a s.60I certificate to be issued, allowing court proceedings to be commenced in parenting disputes.  No such requirement is needed to commence property proceedings.